worriedworker Posted April 28, 2018 Report Share Posted April 28, 2018 I was working with employer A on H1 visa. I got a job offer from employer B Employer B filed for H1 visa transfer petition I submitted my resignation to employer A and started working for employer B based on the petition receipt notice. After few months USCIS denied my visa transfer petition. My spouse is working on an independent H1 visa Hence I filed for Change of Status (CoS) to H4 just 1 week prior to my I-94 expiry date. Question: 1) Can i continue to legally stay in US beyond my I-94 expiry based on pending CoS application? 2) Incase the CoS application gets denied too will i be accruing unlawful presence in USA since my I-94 expiry date? 3) Employer B is going to file another H1 petition for me through premium processing. Can i withdraw my CoS application if my H1 petition gets approved? Link to comment
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